国会记录：2010年1月21日（参议院）页S125-S126报表ON提出的法案和决议案联合柯林斯女士（为自己，利伯曼先生，贝内特先生，少尉先生，和邦德先生）：2943 S.。法案要求总检察长作出决定，试图在联邦民事法庭无特权的敌人交战之前，与行政部门内有关官员进行磋商;对司法委员会。柯林斯女士。主席先生，昨天从有关错误的三大顶尖美国情报官员认为，联邦政府由领导到挫败圣诞节情节参议院国土安全委员会听取的证词。我们躲过一劫的那一天，当奥马尔法鲁克阿卜杜勒 - 穆塔拉，尼日利亚出生的恐怖分子，未能引爆在上述底特律上空飞行253炸弹。但今天，主席先生，我谨讨论后，外国恐怖分子已经在底特律的美国当局拘留这是犯了一个错误，那很可能防止有价值的情报收集关于我国未来的恐怖威胁的一个错误。错误我在委员会昨天听到三我们国家的高级情报官员的讯问过程中变得清晰。Frankly, Mr. President, I was stunned to learn that the decision to place the captured terrorist into the U.S. civilian criminal court system had been made without any input or the knowledge of the Director of National Intelligence, the Director of the National Counterterrorism Center, or the Secretary of the Department of Homeland Security. That is right, Mr. President, these officials were never consulted by the Department of Justice before the decision was made. That decision was critical. The determination to charge Abdulmutallab in civilian court likely foreclosed the collection of additional intelligence information. We know that the interrogation of terrorists can provide critical intelligence, but our civil justice system, as opposed to the military detention and tribunal system established by Congress and the President, encourages terrorists to lawyer up and to stop answering questions. Indeed, that was exactly what happened in the case of Abdulmutallab. He had provided some valuable information to law enforcement officials in the hours immediately after his capture, and we surely would have obtained more information if we had treated this foreign terrorist as an enemy belligerent and had placed him in the military tribunal system. Instead, once he was read his Miranda rights, given a lawyer at our expense, he was advised to cease answering questions, and that is exactly what he did. That poor decisionmaking may well have prevented us from finding out more of Yemen's role in training terrorists and more about future plots that are underway in Yemen targeting American citizens in this country or abroad. Good intelligence is clearly critical to our ability to stop terrorist plots before they are executed. We know that lawful interrogations of terrorist suspects can provide important intelligence. To charge Abdulmutallab in the civilian criminal system without even consulting three of our Nation's top intelligence officials simply defies common sense. To correct this failure and to ensure that our Nation's senior intelligence officials are consulted before making the decision to try future foreign terrorists in civilian court, I am today introducing a bill that would require this crucial consultation. I am very pleased to be joined by the chairman of the Homeland Security Committee, Senator Lieberman, who has been such a leader in this entire area, as well as by three other Senators, Senator Bob Bennett, Senator John Ensign and Senator Kit Bond, who are also concerned about the testimony yesterday. Specifically, our bill would require the Attorney General to consult with the Director of National Intelligence, the Director of the National Counterterrorism Center, the Secretary of Homeland Security, and the Secretary of Defense before initiating a custodial interrogation of foreign terrorists or filing civilian criminal charges against them. These officials, Mr. President, are in the best position to know what other threats the United States is facing from terrorists and to assess the need to gather more intelligence on those threats. If there is a disagreement between the Attorney General and these intelligence officials regarding the appropriate approach to the detention and interrogation of foreign terrorists, then the bill would require the President to resolve the disagreement. Only the President would be permitted to direct the initiation of civilian law enforcement actions--balancing his constitutional responsibilities as Commander in Chief and as the Nation's chief law enforcement officer. To be clear, this legislation would not deprive the President of any investigative or prosecutorial tool. It would not preclude a decision to charge a foreign terrorist in our military tribunal system or in our civilian criminal justice system. It would simply require that the Attorney General coordinate and consult with our top intelligence officials before making a decision that could foreclose the collection of critical additional intelligence information. This consultation requirement is not unprecedented. Section 811 of the Counterintelligence and Security and Enhancements Act of 1994 requires the Director of the FBI and the head of a department or agency with a potential spy in its ranks to consult and periodically reassess any decision to leave the suspected spy in place so that additional intelligence can be gathered on his activities. As the Senate Intelligence Committee noted in its report on the legislation that added the espionage consultation requirement: While prosecutorial discretion ultimately rests with the Department of Justice officials, it stands to reason that in cases designed to protect our national security--such [[Page S126]] as espionage and terrorism cases--prosecutors should ensure that they do not make decisions that, in fact, end up harming the national security. The committee got it right. The committee went on to explain: [T]he determination of whether to leave a subject in place should be retained by the host agency. The history of the espionage consultation requirement is eerily reminiscent of the lack of consultation that occurred in the case of Abdulmutallab. In espionage cases, Congress has already recognized that when valuable intelligence is at stake, our national security should trump decisions based solely on prosecutorial equities. This requirement must be extended to the most significant threat facing our Nation, and that is the threat of terrorism. I encourage the Senate to act quickly on this important legislation. The changes proposed are modest. They make common sense. But the consequences could be a matter of life and death. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the text of the bill was ordered to be printed in the Record, as follows: S. 2943 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONSULTATION REQUIREMENT. (a) In General.--Subject to subsection (b), no action shall be taken by the Attorney General, or any officer or employee of the Department of Justice, to-- (1) initiate a custodial interrogation of; or (2) file a civilian criminal complaint, information, or indictment against; any foreign person detained by the United States Government because they may have engaged in conduct constituting an act of war against the United States, terrorism, or material support to terrorists, or activities in preparation therefor. (b) Consultation.-- (1) In general.--Subject to paragraph (2), the Attorney General shall consult with the Director of National Intelligence, the Director of the National Counterterrorism Center, the Secretary of Homeland Security, and the Secretary of Defense prior to taking any action identified in subsection (a). (2) Presidential direction.--If, following consultation under paragraph (1), the Director of National Intelligence, the Director of the National Counterterrorism Center, the Secretary of Homeland Security, or the Secretary of Defense believe that any action identified in subsection (a) and proposed by the Attorney General may prevent the collection of intelligence related to terrorism or threats of violence against the United States or its citizens, the Attorney General may not initiate such action without specific direction from the President. (c) Annual Report.--The Attorney General shall report annually to appropriate committees of jurisdiction regarding the number of occasions on which direction was sought from the President under subsection (b)(2) and the number of times, on those occasions, that the President directed actions identified in section (a) against such foreign person. (d) Definitions.--In this section: (1) Appropriate committees of jurisdiction.--The term ``appropriate committees of jurisdiction'' shall include-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Homeland Security of the House of Representatives; (C) the Select Committee on Intelligence of the Senate; (D) the Permanent Select Committee on Intelligence of the House of Representatives; and (E) the Committees on Armed Services and Judiciary of the Senate and the Committees on Armed Services and Judiciary of the House of Representatives. (2) Act of war, terrorism, material support to terrorists.--The terms ``act of war'', ``terrorism'', and ``material support to terrorists'' shall have the meanings given such terms in title 18, United States Code. (e) Savings Clause.--Nothing in this section shall prevent the Attorney General, or any officer or employee of the Department of Justice, from apprehending or detaining an individual as authorized by the Constitution or laws of the United States except to the extent that activities incident to such apprehension or detention are specifically identified in subsection (a). ____________________